RINOS SHA v. STATE OF KERALA & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN** ## **WEDNESDAY, THE 16TH DAY OF JULY 2014/25TH ASHADHA, 1936** ## **Crl.MC.No. 3142 of 2014 ()** **--------------------------CRIME NO. 2042/2013 OF CHAVARA POLICE STATION, KOLLAM DISTRICT -------------------------** ## **PETITIONER/ACCUSED :** **------------------------------------** **RINOS SHA, AGED 23 YEARS S/O. ABDUL RASAQ, RIYAS MANZIL, PANMANA VILLAGE KOLAM MURI, KARUNAGAPPALLY, KOLLAM DISTRICT.** ## **BY ADV. SRI.N.VIMALAN** ## **RESPONDENTS/COMPLAINANTS :** **--------------------------------------------------** ## **1. STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.** ## **2. SUB INSPECTOR OF POLICE** **CHAVARA POLICE STATION, KOLLAM DISTRICT-691 001.** ## **3. SASI KANIKAVIL,** **AGED 40 YEARS, S/O. KESAVAN, H.S.A. GOVT. BOYS HIGHER SECONDARY SCHOOL, SANKARAMANGALAM, CHAVARA, FROM KOLLAKKIL VEETTIL KANDALLOOR VADAKKU MURI, KANDALLUR VILLAGE ALAPPUZHA DIST.-688 001.** **R1 & R2 BY PUBLIC PROSECUTOR SMT. S. HYMA R3 BY ADV. SRI.T.K.SASIKUMAR** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** **...2/-** **Crl.MC.No. 3142 of 2014 () ------------------------------------** ## **APPENDIX** **PETITIONERS' ANNEXURES : -------------------------------------------** **ANNEXURE 1- TRUE COPY OF FIR DATED 25-10-2013 IN CRIME NO. 2042/2013 OF CHAVARA POLICE STATION.** **RESPONDENT(S)' EXHIBITS : NIL** **-------------------------------------------------------------** **//TRUE COPY//** **P.S. TO JUDGE Mn** ## **K. RAMAKRISHNAN, J.** ................................................. Crl.M.C.No.3142 of 2014 .................................................. Dated this the 16[th] day of July, 2014. ## **O R D E R** This Criminal Miscellaneous case is filed by the sole accused in Crime No.2042/2013 of Chavara police station to quash the proceedings on the basis of settlement under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the petitioner has been arrayed as the sole accused in Crime No.2042/2013 of Chavara police station on the basis of a statement given by the third respondent as defacto complainant alleging offences under Sections 452, 294(b), 341 and 353 of the Indian Penal Code. The investigation is still in progress. In the meantime, the petitioner and the defacto complainant settled the claim due to intervention of well wishers of both the parties. The incident was due to some sudden provocation caused on account of beating of the son of the accused by the deafacto complainant, who is studying in that school. Now the matter has been settled and the defacto complainant does not want to prosecute the case. Since it is in the crime stage and some of the offences are non compoundable in nature, neither the police nor the 2 Crl.M.C.No.3142 of 2014 court will drop further proceedings. In view of the settlement, no purpose will be served by proceeding with the case as well, So the petitioner has no other remedy except to approach this Court seeking the following relief: “to pass an order to quash Annexure I First Information Report and all further proceedings against the petitioner/accused in Crime No.2042/2013 of Chavara police station on the file of Judicial First Class Magistrate Court, Karunagappally. 3. The third respondent appeared through counsel and submitted that due to intervention of well wishers of both parties and also considering the smooth functioning of the school, the parties have settled the issue and the defacto complainant does not want to prosecute the case. He filed an affidavit stating these facts as well. 4. The counsel for the petitioner submitted that in view of the settlement, no purpose will be served by proceeding with the case. So he prayed for allowing the application. 5. The learned Public Prosecutor, on instructions as directed by this Court, submitted that there is no other case against the petitioner and he has no criminal background. But Crl.M.C.No.3142 of 2014 3 considering the nature of allegation made, the case cannot be quashed at this stage invoking the power under Section 482 of the Code. 6. It is an admitted fact that the child of the petitioner was studying in the school in which the defacto complainant working as a teacher. It is also in a way admitted in the statement itself that the petitioner went to the staff room of the school to question the act of the defacto complainant beating of his child, who is studying in that school and in that issue, some incident occurred and on the basis of the statement given by the defacto complainant Annexure-I First Information Report as Crime No.2042/2013 of Chavara police station has been registered and investigation is still in progress. As directed by this Court, the accused surrendered before the court and he was released on bail. Now due to intervention of well wishers of both parties including the staff, teachers and the PTA, the mater has been now settled between the parties and the defacto complainant does not want to proceed with the prosecution in view of the settlement and he filed an affidavit staging these facts as well. So considering the fact that it is a case of dispute between two persons and it was done without Crl.M.C.No.3142 of 2014 4 any intention on the part of the petitioner and the act of the petitioner was condoned by the defacto complainant on account of the settlement considering the smooth functioning of the school and considering the fact that the matter has been settled, they are not going to support the investigation as well, the prayer under Section 482 can be invoked in this case. 7. In the decision reported in **Gian Singh v. State of Punjab** (2012(4) KLT 108(SC)], the Hon'ble Supreme Court has held that in the case of private dispute between two individuals which resulted in registration of crime and if that matter has been settled between the parties due to intervention of well wishers of both the parties, even though non compoundable offences are incorporated, the court must honour such settlement to promote harmony that has been brought on account of the settlement between the parties invoking the power under Section 482 of the Code. 8. So considering the dictum laid down in the above decision and also considering the fact that it is a private dispute which resulted in the registration of crime and the mater has been settled between the parties taking into account the larger interest of smooth functioning of the school and no 5 Crl.M.C.No.3142 of 2014 purpose will be served by proceeding with the case as neither the defacto complainant nor his witnesses will support the case of the prosecution and conviction in such cases will be remote, this Court feels that it is a fit case where power under Section 482 of the Code has to be invoked to quash the proceedings to promote settlement that has been arrived at between the parties which resulted in harmony between the parties and smooth functioning of the school as well and pendency of this case should not be a hurdle for the same. 8. So the petition is allowed and further proceedings in Crime No.2042/2013 of Chavara police station as against the petitioner is quashed. Office is directed to communicate this order to the Judicial First Class Magistrate Court, Karunagapally so as to inform the same to the concerned police station for further action in this regard. With the above directions, the petition is disposed of. ## **Sd/-** **K. RAMAKRISHNAN, JUDGE.** cl /true copy/ P.S to Judge Crl.M.C.No.3142 of 2014 6